Beware- Vodafone misleading "loyalty" offer

landt2013

superbigal36 wrote: »

Surely terms and conditions of a contract have to be read out or played on a recorded message.
What should happen lee ?

I got standard distance selling boilerplate Ts&Cs at lightning speed. They all related to the "sale" of the device, including right to return within 7 days- nothing about service contracts or my right to cancel them. Monthly payments, term of contract, early termination fees etc were not mentioned at all.

landt2013

Vodafone_company_representative wrote: »

Hi landt2013,

Once sent you'll receive an automated reply with a reference number. So I can make sure I've got it could you update the thread with this and I'll get back to you as soon as possible?

Vodafone UK

Hi Lee,
I need a bit of help:
MSE [#5753896]

Thank you.

Vodafone

Hi landt2013,

Thanks for coming back to me.

I've got your email and will get back to you as quickly as I can.

superbigal36 wrote: »

Surely terms and conditions of a contract have to be read out or played on a recorded message.
What should happen lee ?

Hi superbigal36,

Our sales agents are required to go through a script which explains what the customer is agreeing to.

Kind regards,

Lee

Web Relations

Vodafone UK

simonevs

I have had avery similar experience, being offered a free tablet for loyalty , only to find out that I am paying for a new contract. No mention of fees in the email and like yourself I explicitly asked for the catch.

Unfortunately, it took me six months to find out about the cost and I am now locked into a 24 month contract!

Vodafone are not interested in their staff mis-selling, only in getting me to buy out the remainder of the contract for around £270.

Hope you have better luck and if a vodafone rep reads this I really hope they point me in the right direction for getting this resolved as call centers around the globe are not especially helpful

Herongull

If there was misrepresentation the contract is voidable. Take them to either the small claims court or the ombudsman.

CKhalvashi

Herongull wrote: »

If there was misrepresentation the contract is voidable. Take them to either the small claims court or the ombudsman.

The main issue IMO will be proving that a new contract was not agreed at this point.

I'm not a customer of Voda and know nothing of their business practices, however.

CK

Herongull

AFAIK under DSRs, the customer should have got written details of the new contract. If nothing was sent, then the court will draw their own conclusions.

MataNui

CKhalvashi wrote: »

The main issue IMO will be proving that a new contract was not agreed at this point.

I'm not a customer of Voda and know nothing of their business practices, however.

CK

Actually the law is on the side of the consumer. In court the mobile phone company would need to prove that a contract existed and that the consumer was aware of ALL the terms and conditions at that time. Posting terms and conditions later is also not enough.

The problem is that people in general wont take a company like vodafone to court because they think it will be very expensive and they will lose. The truth is though that the vast majority of the time the mobile company would lose. Why do you think mobile phone companies never pursue debts through the courts?

An example:
There was a woman who took out a mobile contract over the phone. lots of things were discussed and she was happy with this. She then went on holiday and ran up a massive bill due to roaming charges. She disputed the charges (but paid so her credit rating wouldnt get trashed) and because she was a solicitor took the phone company (T-Mobile) to court. Her argument was that at the moment the contract was agreed nothing had been said about roaming charges so in her view these couldnt be a part of the contract, so she shouldnt have to pay. T-Mobile insisted they posted her the full T&C and since roaming was in these she should pay. Although she denied these were ever received the court agreed with her, in that it wouldnt have made any difference anyway as the contract was agreed on the phone under the terms discussed and extra terms couldn't be added later.

The main points i want to make about this are that:
a. If it ever did go to court it is the responsibility of the mobile company to prove their viewpoint. Which means if they dont have a signed contract or a recording of the phone call they will lose.
b. Mobile companies rely on legal BS and threats rather than actual contract law in the T&C and the way they operate. They work on the principle that they are very unlikely to get asked to prove things in court by the customer (and if they never pursue cases through the courts they are safe).

http://www.bbc.co.uk/programmes/b006mg74/features/lawyers-personal-battle-with-tmobile-over-bill

dazzaofdagenham

dazzaofdagenham wrote: »

I had this about six weeks ago.

The wife took up the offer and even the postage was free....super gift she thought. No details ANYWHERE about a new contract.

A month later I see a debit on the current account of 25 pounds, after much investigation it appears this 'freebie' is a 2 year contract for a tablet !!

Many many many phone calls later, we got it cancelled.

Shocking level of service from vodafone

2 phone contracts will be cancelled late march as well

Just a update

2 x mobile phone contracts cancelled....moved number to 3....and quite good coverage as we'll.

Herongull

There have been numerous posts on this and other forums about long term Vodafone customers being cold-called by "Vodafone" (often a third party that vf has handed the customers details to) and offered a "completely free" tablet or phone with no strings attached as a "good will" gesture.

Are VF desperate to lose their most loyal customers then?